Small Claims Appeals
A Small Claims appeal is a request for a new trial.
Who can file an appeal?
You can file an appeal if you are the Defendant and lose on the Plaintiff’s Claim.
If you are a Plaintiff, you cannot appeal the loss of your own claim. A Plaintiff can only appeal if the Defendant countersues and you lose on the Defendant’s Claim.
A Defendant who loses because they did not come to court should file a Motion to Vacate, not an appeal.
Is there a time limit for filing an appeal?
Yes. An appeal must be filed within 30 days of the day the court mails you the decision.
How do I file an appeal
What happens after I file my appeal?
There will be a new trial scheduled with a different judge. The clerk’s office will notify all parties of the new hearing date by mail.
What happens at the new trial?
When you go to court:
If you are the Defendant and lost on the Plaintiff's Claim, or if you are the Plaintiff and lost on the Defendant's Claim, the Judge will enter new judgments on both cases.
What happens if I win my appeal?
You can ask the Judge at the hearing to award your court costs, and up to $150 in attorney fees.
What happens if I lose my appeal?
You cannot appeal any further. You must pay the judgment to the other party plus interest and court costs. You may also have to pay their attorney fees.
Contact us for more information or speak with one of our counselors at (800) 593-8222. If you live outside of Southern California, call us at (213) 974-9759.
Updated Sept. 1, 2009
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